mona farm pty ltd — Terms & Conditions
Accommodation Bookings Terms and Conditions & Website Terms and Conditions of Use made in respect of the properties located at 140 Little River Road, Braidwood appear below.
Accommodation Bookings Terms & Conditions
These terms and conditions are made in respect of the properties located at 140 Little River Road, Braidwood (the ‘Properties’).
1. Bookings and Payment
1.1 In order to secure your booking, a deposit equal to 50% of your stay is required with the remaining payment due fourteen (14) days prior to arrival. We may also require a bond. We reserve our right to cancel your booking if payment or bond is not received prior to check-in.
1.2 All rates are quoted in Australian dollars and are subject to change at any time. Any changes to rates made after booking confirmation will not affect your booking and any verbal quote given is an estimate only.
1.3 A 1.65% credit card fee applies to all credit card transactions.
1.4 All prices shall be inclusive of GST.
2. Cancellations
2.1 Cancellations to bookings must be made at least sixty (60) days prior to check-in date for refund of payments to date.
2.2 Bookings that are cancelled between sixty (60) and fourteen (14) days prior to check-in date will forfeit 50% of the total accommodation cost.
2.3 Bookings that are cancelled within fourteen (14) days of check-in date, or if you fail to check-in, are non-refundable
2.4 Mona Farm reserves the right to recover the merchant fees charged from any cancellations where a Visa, Mastercard, or American Express card were used as the payment method
3. Check-in and Check-out
3.1 You are entitled to arrive and check-in to your booking between the hours of 2.00pm and 6.00pm on the date of check-in. Any arrival after 6.00pm may be organised subject to the prior consent from management.
3.2 You must check-out of your booking and vacate the premises by 10.00am on the date of check-out. Any departure after 10.00am may be organised subject to the prior consent from management. Additional fees may apply.
4. Number of Guests
The number of guests during your stay must not exceed the total number booked. Additional guests may be permitted on the Properties with the prior consent from management. We reserve our right to remove any persons exceeding the total number booked.
5. Parties
Parties are strictly prohibited at all times during your stay. All Properties are located within residential areas and excessive noise and music are not permitted after 10:00pm. We reserve our right to evict guests found in breach of this policy.
6. Smoking
Smoking is strictly prohibited inside all Properties, and on any timber decking or balconies.
7. Pets
Pets are strictly prohibited at all Properties.
8. Accommodation
8.1 For the duration of your stay, we will provide bed linens, towels and some toiletries.
8.2 You shall:
(a) not remove any bed linens, towels or toiletries from the Properties;
(b) return the accommodation to the level of cleanliness to which it was initially occupied; and
(c) comply with all reasonable directions from management.
9. Swimming
The pontoon is designed as a space to sit and enjoy the views across the lake towards Mount Gillamatong. We do not encourage swimming. If you do swim, you do so at your own risk.
10. Damage
10.1 Any damage to the property or damage to items within the property must be reported to management at the time of damage. After your booking, inspections are conducted to the Properties to identify evidence of damage or theft. We reserve our right to charge for any damage to the property or theft of property during your stay.
10.2 If any damage to the property or theft of the property is identified after your stay, you will be notified of such damage in writing and we will issue an invoice addressed to you for repair or replacement costs. You must attend to payment of the invoice within fourteen (14) days from the date received.
11. Limitation of Liability and Indemnity
11.1 To the full extent permitted by any applicable law, we:
(a) disclaim all representation or warranties, express implied, not expressly set out in these Terms and Conditions.
(b) make no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Properties, or any goods or services requested through the use of the Properties, or that any event using the Properties will be uninterrupted or error free.
11.2 We shall not be liable for any indirect, incidental, special, exemplary, equitable, punitive or consequential damages, including for lost profits, lost data, personal injury or property damage related to or in connection with or otherwise resulting from your use of, access to or inability to access or use the Properties, regardless of any negligence (either by act or omission) or day of or by us, agents, employees or representatives, even if we have been advised of the possibility of such damages.
11.3 You acknowledge and agree that we will not be liable to you for any claim, liability, loss, damages, costs or expenses, whether direct, indirect or consequential:
(a) for any delay in providing you with any service at the Properties;
(b) if we are unable to provide you or satisfy any request for use of the Properties, whether or not you have a booking.
11.4 You acknowledge and agree that you will indemnify us against any claims, liability, loss, damages, costs or expenses (including legal costs) in connection with the use of the Properties and/or as a result of or in connection with any breaches by you of these Terms and Conditions.
12. Termination
12.1 Upon notice from you of terminating these Terms and Conditions, we reserve the right absolutely to retain any payment made up to and including the date of receiving notice of termination.
12.2 We may terminate, in our absolute discretion, these Terms and Conditions with notice to you on occurrence of one of the following (each being a ‘Termination Event’):
(a) non-payment of any fee payable pursuant to clause 1 above on the date specified;
(b) conduct deemed to be unlawful or otherwise in breach of these Terms and Conditions.
12.3 Such notice of a Termination Event will take effect from the date specified in the notice, or, if no date is specified, to immediate effect on the date the notice is sent to you.
12.4 To the extent permitted by law, a Termination Event will render any payment already paid to us forfeited.
About the Website
Welcome to www.monafarm.com.au (the 'Website'). The Website (the 'Services').
The Website is operated by Mona Farm Pty Ltd (ACN 623 870 897). Access to and use of the Website, or any of its associated Products or Services, is provided by Mona Farm Pty Ltd. Please read these terms and conditions (the 'Terms') carefully.
Mona Farm Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Mona Farm updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
Acceptance of the Terms
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Mona Farm Pty Ltd in the user interface.
Copyright and Intellectual Property
The Website, the content and all of the related products of Mona Farm Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Mona Farm Pty Ltd or its contributors.
Mona Farm Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Mona Farm Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Privacy
Mona Farm Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Mona Farm's Privacy Policy, which is available on the Website.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
b) Mona Farm Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Mona Farm Pty Ltd make any express or implied representation or warranty about the content or any products or content (including the products or content of Mona Farm) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, the content or any of the products of Mona Farm Pty Ltd; and
d) the content or operation in respect to links which are provided for your convenience.
Limitation of liability
Certain statutory warranties under the the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) will be implied for the benefit of consumers. Nothing in these Terms is intended to exclude or restrict the application of the ACL. Mona Farm Pty Ltd does not however give any guarantee or warranties or make any representation with respect to use of this Site outside of these laws.
Subject to claims that may be made under the ACL:
· Mona Farm Pty Ltd is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential, economic or any other kind of loss) however caused, even if foreseeable, and which is suffered directly or indirectly in connection with your use or inability to use this Site.
· Mona Farm Pty Ltd is not liable for disruptions to this Site.
· Mona Farm Pty Ltd is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this Site or any Linked Site. You must take your own precautions to ensure that whatever you select for use from this Site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
Termination of Contract
You acknowledge and agree that these Terms and your access to this Site may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. All clauses in these Terms which are stated or intended to continue after termination will continue to apply. Mona Farm Pty Ltd will not be liable to you or any third party for any termination of your access to this Site.
Indemnity
You agree to indemnify Mona Farm Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with, directly or indirectly, your use of the use of the Website and/or breach of these Terms.
Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Changes to these Terms
We reserve the right to change these Terms at any time. The current version of the Terms will always be posted on this Site, and will cancel and replace any previous version(s). By continuing to use this Site after the posting of such changes, you agree to be bound by the changes.
Contact Information
If you have any concerns about material that appears on this Site, please contact Mona Farm Pty Ltd in accordance with the details set out below.
Mona Farm Pty Ltd
ACN 623 870 897 trading as Mona Farm
Address: 140 Little River Road, Braidwood, NSW 2622 AUSTRALIA
Telephone: (02) 7202 5638
Email: mona@monafarm.com.au